Criminal Justice System Responses Research Articles

Changing the Criminal Justice System Response to Sexual Assault: An Empirical Study of a Participatory Action Research Project.

In jurisdictions throughout the United States, thousands of sexual assault kits (SAKs; also known as a "rape kits") have not been submitted by the police for forensic DNA testing. DNA evidence may be helpful to sexual assault investigations and prosecutions by identifying perpetrators, revealing serial offenders through DNA matches across cases, and exonerating those who have been wrongly accused. This paper describes a longitudinal action research project conducted in Detroit, Michigan after that city discovered approximately 11,000 untested sexual assault kits in a police department storage facility. We conducted a root cause analysis to examine individual, organizational, community, and societal factors that contributed to the development of the rape kit backlog in Detroit. Based on those findings, we implemented and evaluated structural changes to increase staffing, promote kit testing, and retrain police and prosecutors so that cases could be reopened for investigation and prosecution. As we conducted this work, we also studied how this action research project impacted the Detroit criminal justice system. Participating in this project changed stakeholders' attitudes about the utility of research to address community problems, the usefulness of DNA evidence in sexual assault cases, and the impact of trauma on survivors. The results led to new protocols for SAK testing and police investigations, and new state legislation mandating SAK forensic DNA testing.

Alabama DMH to offer trauma response training

The Alabama Department of Mental Health (ADMH) announced the addition of 19 new Nationally Certified Trauma Trainers in the state of Alabama to offer trauma‐informed response training throughout the state, CBS 42 reported June 3. The certification is provided by the Substance Abuse and Mental Health Service Administration's (SAMHSA's) GAINS Center for Behavioral Health and Justice Transformation. ADMH was one of 10 communities chosen nationally to participate in the trauma‐informed care experience and this training includes seven ADMH staff members. The training, “How Being Trauma‐Informed Improves Criminal Justice System Responses,” helps educate criminal justice professionals about the impact of trauma and how to develop trauma‐informed responses. During the four‐hour highly interactive training, professionals increase their understanding of trauma, create an awareness of the impact of trauma on behavior, and develop trauma‐informed responses. This is tailored to community‐based criminal justice professionals including: behavioral health providers and other human services providers, community correction (probation, parole, and pretrial services officers), court personnel, and police.

The Criminal Justice System Response to Intimate Partner Stalking: a Systematic Review of Quantitative and Qualitative Research

Intimate partner stalking (IPS) is a significant public health and public safety issue, yet it remains a largely understudied area especially related to effective practices for victim engagement and response. This study uses systematic review methods to assess the range of criminal justice responses to IPS victimization and the extent to which these responses are successful in promoting survivor safety, well-being, and justice. Multiple scholarly and gray-literature databases were searched to locate studies on criminal justice responses to IPS. Over 336 records were reviewed dating back to 1993 and screened for inclusion in the study, resulting in a final sample size of 22 studies. Findings identify both formal and informal strategies used by the criminal justice system to address IPS. However, pervasive barriers exist including a lack of knowledge and training on stalking, difficulties in investigation and prosecution, and negative perceptions of victims. Successful strategies for mitigating IPS were linked to increased training of law enforcement and prosecution and the granting and enforcement of civil protective orders. Complexity of charging decisions was identified as a challenge for criminal justice entities and methodological and definitional issues make stalking a difficult area to study. Despite numerous barriers in effectively responding to victims of IPS, recommendations for improving responses across the criminal justice system include enhanced training and periodic refreshers across criminal justice entities, coordinated reviews of IPS cases, and better incorporation of the stalker’s criminal history to strategically pursue charges.

Crime frames and gender differences in the activation of crime concern and crime responses

Prior work has reported mixed evidence for the gender gap in crime concern and crime responses, yet very few studies have considered the importance of the framing of a crime in explaining this gap. Crime frames are important because they can raise deep levels of concern that activate a criminal justice system response to the crime. This study draws on the literature on problem framing to examine gender differences in crime concern and crime responses in relation to human trafficking. Human trafficking is a type of crime that has raised public alarm in the U.S and is being framed by the government and the media as a crime to which women are at increased risk. Using data from a national probability sample of approximately 2000 Americans, the findings show that beliefs about the causes of human trafficking, specifically gender discrimination and transnational crime, are associated with gender differences in concern and activation of the criminal justice system. These findings can guide future research on gender differences in crime concern and crime responses and call for research and policies that are sensitive to gendered effects of framing on public opinion about crime and criminal justice issues.

Training partner selection and quality assurance in restorative justice for the criminal justice setting

ABSTRACT Restorative justice (RJ) conferences may be used as an alternative to or in conjunction with conventional criminal justice system responses. They may yield benefits for victims, offenders, and effected communities. RJ conferences also have the potential to be counterproductive if facilitators are not properly trained or if they fail to properly implement models of practice. This paper reports on the results of a multiple-case study of RJ practitioner trainings and advances recommendations for training partner selection and quality assurance processes in the criminal justice context. The paper concludes with suggestions for future research.

The Influence of Sexual Assault Resistance on Reporting Tendencies and Law Enforcement Response: Findings From the National Crime Victimization Survey.

Despite its prevalence, sexual assault remains a vastly underreported crime. Previous research suggests that engagement in certain types of resistance during an assault affects the way in which both victims and others perceive the attack; such perceptions influence victims' likelihood of reporting the assault to law enforcement as well as the criminal justice system response to reported allegations. Using a fight/flight/freeze theoretical framework, the current study sought to examine how forceful, nonforceful, and freeze responding influenced victim reporting and the extent to which reported assaults were pursued and investigated by law enforcement. Using data from the National Crime Victimization Survey between 2010 and 2016, logistic regression analysis indicated that victims are significantly less likely to report to law enforcement if they froze during the attack. Interestingly, although engagement in forceful resistance increases victims' likelihood of reporting to law enforcement, it has no bearing on law enforcement response beyond the effect of physical injury. Rather, physical injury (e.g., bruises, cuts, broken bones) is the only predictor of law enforcement response to sexual assault allegations. Findings suggest that whereas fight and freeze responses to sexual victimization influence victims' willingness to report to law enforcement, resistance is not uniquely predictive of law enforcement response once physical injury is considered.

‘It's Kinda Punishment’: Tandem Logics and Penultimate Power in the Penal Voluntary Sector for Canadian Youth

AbstractThis article draws on original empirical research in Ontario, Canada which analyses penal voluntary sector practice with youth in conflict with the law. I illustrate how youth penal voluntary sector (YPVS) practice operates alongside, or in tandem with the statutory criminal justice system. I argue that examining the penal voluntary sector and the statutory criminal justice system simultaneously, or in tandem, provides fuller understandings of penal voluntary sector inclusionary (and exclusionary) control practices (Tomczak and Thompson 2019). I introduce the concept of penultimate power, which demonstrates the ability of penal voluntary sector workers to trigger criminal justice system response towards a young person in conflict with the law. My novel concepts of tandem logics and penultimate power are useful for understanding penal voluntary sector practice, explaining how seemingly contradictory approaches across state and ‘community’ organisations not only coexist, but depend upon the tandem relationship between the penal voluntary sector and the statutory criminal justice system.

Impact of Trauma on Adult Sexual Assault Victims: What the Criminal Justice System Needs to Know

Sexual assault is a widespread and serious problem in our society. Yet instead of delivering justice to its victims the criminal justice system can too often be a source of further distress for victims. It is well known that sexual assault complainants have too often experienced the criminal justice system as a place that re-traumatizes and even harms them and that many victim-survivors choose not to report the crimes of sexual violence committed against them as a result. Sexual assault is very often an experience of trauma. Trauma has a neurobiological impact – it affects our brains and our nervous-systems. For this reason, it is imperative that those working within the criminal justice system have a basic appreciation of the effects and impact of trauma in relation to victims of sexual assault in order to process sexual assault cases more effectively and receive evidence in these cases in a more fair and impartial manner. Recently, an important and significant paradigm shift in our knowledge about victim reactions to traumatic events like sexual assault, including impact on memory, has deepened understanding and led to improved practices which assist with developing more effective criminal justice system responses to sexual assault cases. Insights from the neurobiology of trauma has assisted professionals working in a wide range of fields to better understand the psychological and physiological responses of crimes such as sexual assault, and how these affect victim response. This in turn, has facilitated more trauma-informed service delivery and more appropriate and effective interventions, from first responders like police through to advocates and legal personnel in court rooms. The focus of this report is on outlining some of the key findings from the body of knowledge of neuroscience, and applying them to the issue of sexual assault and its impacts on victims. More specifically, we review and highlight some of the significant developments which have emerged from the field of the neurobiology of trauma as they relate to the unique crime of sexual assault and apply their relevance to the many challenges surrounding the criminal processing of sexual assault cases. Victim reactions to sexual assaults are still not well understood in society at large. These misunderstandings unfortunately continue to persist in the legal system. In fact, they contribute to ongoing deficiencies in criminal justice system processing of sexual assault cases, leading to imperfect justice for victims and survivors. This has been described as the “justice gap” for sexual assault cases. We argue that this justice gap can, in part, be closed by moving towards a more trauma-informed criminal justice system. This will lead to more just outcomes for sexual assault complainants and also allow for the fuller realization of the impartiality and fairness that criminal trials are supposed to provide for all participants.

The use of protection orders in response to adolescent family violence: mapping divergent Australian approaches and the merits of this criminal justice intervention

ABSTRACTSeveral Australian state and territory jurisdictions permit parents of adolescents using violence to be listed as affected persons on a family violence protection order (the notable exceptions being Queensland and Tasmania), however, as yet there is minimal understanding of whether this is an effective response to this complex form of family violence. In seeking to address this gap in current knowledge, this paper has two aims. It analyses Australian family violence legislation as it applies to protection orders in cases of adolescent family violence, revealing significant disparity in state and territory legislative frameworks. The article then draws from the findings of a recent Victorian study to provide insight into the use, impact and effectiveness of protection orders in responding to adolescent family violence from the perspective of those experiencing adolescent family violence and those charged with responding to it in service and legal settings. By highlighting the diversity in state and territory responses to adolescent family violence and using the Victorian case to question the efficacy of protection orders, this article contributes to knowledge about criminal justice system responses to adolescent family violence and supports the need for further systematic research about prevalence and effective social and criminal justice responses.

Disparities in Criminal Justice System Responses to First-Time Juvenile Offenders According to Indigenous Status

This study explored the intersection between Indigenous status, gender, and age in relation to law enforcement responses to offending in 53,632 first-time juvenile offenders in Australia. Findings demonstrated that Indigenous offenders were more likely to receive a court summons (rather than diversionary alternative) following their first offense compared with non-Indigenous offenders when controlling for gender, age, and the nature and number of charges processed at first offense. No interactions were observed between Indigenous status, age, and gender. Indigenous status predicted receiving a court summons; however, the strength of this relationship diminished when offenders had one-to-two violent charges and when offenders’ first contact occurred after the commencement of the Young Offenders Act 1997 (NSW), which formalized police responses to diversion. Stronger efforts are needed to prevent initial justice system contact and formal processing among Indigenous youth with a focus on community-led early intervention strategies.

Race and the Criminal Justice System Response to Sexual Assault: A Systematic Review.

Highlights We review prior research on race and the criminal justice system response to sexual assault.Studies varied in race focus, theory use, sample composition, and how and whose race was measured.Seemingly disparate findings were not‐so‐disparate after considering individual study features.Race‐based oppression, like all forms of oppression, is cumulative and must be contextualized.Researchers yield a great power, and responsibility, in deciding how to include race in research.

Environmental Crime and Contemporary Criminology: Making a Difference

The current body of literature on the topic of environmental crime is bigger and better than ever, but the question of whether criminology/criminal justice scholars make a difference in this area is another matter entirely. This paper offers an interpretive view on the strengths and shortcomings in the sub-field of environmental crime, including discussion of the green criminology movement as well as various studies addressing criminal justice system responses to this complex phenomenon. Although this domain has grown steadily since the 1990s, our discipline must change its approach fundamentally in order to maximize the potential for impact. To this end, four major recommendations are directed to the field, along with two overarching messages: (a) environmental crime must move away from the fringes into the criminological mainstream, and (b) participation in this process is open to all motivated criminologists.

Testing the Validity of an Internal Power Theory of Interpersonal Violence.

The assertion that the motive behind battering is "power and control" is commonly accepted. Indeed, the most commonly cited "theory" behind Batterer Intervention Programs, a primary criminal justice system response to domestic violence, is that domestic violence offenders are motivated by their need to obtain "power and control." However, this theory has not been fully developed or empirically tested. Researchers have argued for the need to turn attention back to developing better theoretical models with clear conceptualizations and operationalizations of the power construct. Wagers articulated such a theory and introduced a "super construct" called internal power. This article seeks to further develop and empirically test Wagers's theory. Confirmatory factor analysis is used to examine the viability of the internal power construct, and structural equation modeling is used to test the relationship between the internal power factor and self-reported interpersonal abusive behaviors. Findings indicate internal power is a viable construct that warrants further exploration and offer preliminary support for internal power theory as an explanation of intimate partner violence.

IPV in Rural Pennsylvania and Magisterial Courts: Case Study.

Research on the criminal justice system's response to the problem of intimate partner violence (IPV) largely focuses on police and prosecutorial decision making. Fewer studies are dedicated to exploring how IPV cases are processed by the courts. This study examines the perspectives of judges in the Magisterial Courts in rural counties of Pennsylvania. Semistructured interviews were conducted with 27 magisterial court judges. The findings shed light on magisterial court judges' experiences with IPV cases, the challenges that they face and the factors that influence their determination whether the cases will be prosecuted, dismissed, or proceed to the Court of Common Pleas.

Risk of sexual transmission of human immunodeficiency virus with antiretroviral therapy, suppressed viral load and condom use: a systematic review

The Public Health Agency of Canada reviewed sexual transmission of HIV between serodiscordant partners to support examination of the criminal justice system response to HIV nondisclosure by the Department of Justice of Canada. We sought to determine HIV transmission risk when an HIV-positive partner takes antiretroviral therapy, has a suppressed viral load or uses condoms. We conducted an overview and systematic review update by searching MEDLINE and other databases (Jan. 1, 2007, to Mar. 13, 2017; and Nov. 1, 2012, to Apr. 27, 2017, respectively). We considered reviews and studies about absolute risk of sexual transmission of HIV between serodiscordant partners to be eligible for inclusion. We used A Measurement Tool to Assess Systematic Reviews (AMSTAR) for review quality, Quality in Prognosis Studies (QUIPS) instrument for study risk of bias and then the Grading of Recommendations, Assessment, Development and Evaluation (GRADE) approach to assess the quality of evidence across studies. We calculated HIV incidence per 100 person-years with 95% confidence intervals (CIs). We assigned risk categories according to potential for and evidence of HIV transmission. We identified 12 reviews. We selected 1 review to estimate risk of HIV transmission for condom use without antiretroviral therapy (1.14 transmissions/100 person-years, 95% CI 0.56-2.04; low risk). We identified 11 studies with 23 transmissions over 10 511 person-years with antiretroviral therapy (0.22 transmissions/ 100 person-years, 95% CI 0.14-0.33; low risk). We found no transmissions with antiretroviral therapy and a viral load of less than 200 copies/mL across consecutive measurements 4 to 6 months apart (0.00 transmissions/100 person-years, 95% CI 0.00-0.28; negligible risk regardless of condom use). Based on high-quality evidence, there is a negligible risk of sexual transmission of HIV when an HIV-positive sex partner adheres to antiretroviral therapy and maintains a suppressed viral load of less than 200 copies/mL measured every 4 to 6 months. Sexual transmissions of HIV have occurred when viral load was more than 200 copies/mL with antiretroviral therapy or condoms alone were used, although the risk remains low. These findings will help to support patient and clinician decision-making, affect public health case management and contact tracing, and inform justice system responses to HIV nondisclosure.

Introduction to Special Issue: Misdemeanor Justice Project—A Focus on Criminal Justice System Responses to Lower Level Offenses

To date, the enforcement of lower level offenses and the criminal justice system’s response to these enforcement actions has received little scholarly attention. To address this gap in scientific research, the Misdemeanor Justice Project (MJP) commissioned nine scholarly papers focused on criminal justice responses to lower level offenses. Each of the papers in this volume is guided by one of four overarching themes, including officer discretion; the impact of lower level enforcement on individuals, communities, and institutions; pretrial detention and diversion; and court processing and legal representation. As a collection, these papers serve as a launching pad for the development of a body of research in a critical and opaque area of our criminal justice system as well as highlight areas for future research.

Female sex offenders who abuse children whilst working in organisational contexts: offending, conviction and sentencing

ABSTRACTTo date, there has been very little research into the phenomenon of female-perpetrated institutional child sexual abuse (CSA). This study explored 71 cases of CSA perpetrated by women working with children, considered by UK police and courts between 2000 and 2016. Qualitative and quantitative content analysis was employed to examine court reports, professional regulatory body decisions, media reports and an online sentencing database in order to identify perpetrator and victim characteristics, the nature of the offending behaviour, modus operandi and criminal justice system responses. Findings indicate most women offended alone and had no previous criminal or employment records of concern. Victims were typically male and 15–16 years old. Most women received custodial sentences, typically of 2–3 years in length. Implications for policy and practice are also discussed.

Thinking outside the (Witness) Box: Integrating Experts into Juries to Minimise the Effect of Rape Myths in Sexual Violence Cases

The criminal justice system's response to sexual violence has been increasingly recognised as an area needing attention. In particular, rape myths have a significant impact on whether a victim is believed or not, and this extends to the jury. Due to the potential effect of misconceptions about sexual violence on the jury's decision-making process, alternatives and additional tools have been suggested to minimise this impact. This article looks at options for moving forward such as increasing education and guidance for the jury, as well as changing the fact-finder, but ultimately advocates a new approach of integrating experts with knowledge about sexual violence and its realities into the jury itself. This would allow for responses tailored to each case to create an educative mechanism while maintaining lay participation, and have decisions that are based on accurate understandings of sexual violence.

Why Police “Couldn't or Wouldn't” Submit Sexual Assault Kits for Forensic DNA Testing: A Focal Concerns Theory Analysis of Untested Rape Kits

In jurisdictions throughout United States, thousands of sexual assault kits (SAKs) (also termed “rape kits”) have not been submitted by the police for forensic DNA testing. DNA evidence may be helpful to sexual assault investigations and prosecutions by identifying offenders, revealing serial offenders through DNA matches across cases, and exonerating those who have been wrongly accused, so it is important to understand why police are not utilizing this evidence. In this study, we applied focal concerns theory to understand discretionary practices in rape kit testing. We conducted a three-year ethnography in one city that had large numbers of untested SAKs—Detroit, Michigan—to understand why thousands of SAKs collected between 1980 and 2009 were never submitted by the police for forensic DNA testing. Drawing upon observational, interview, and archival data, we found that while practical concerns regarding resources available for forensic analysis were clearly a factor, as Detroit did not have the funding or staffing to test all SAKs and investigate all reported rapes, focal concerns regarding victim credibility and victim cooperation were more influential in explaining why rape kits were not tested. Implications for the criminal justice system response to sexual assault and rape kit testing legislation are examined.

Intimate Partner Violence Myths in Police Reports: A Directed Content Analysis

Although much has changed in social and criminal justice system responses to intimate partner violence (IPV) since public awareness campaigns began in the 1970s, stigmatization around IPV offense and victimization remains a barrier to victims obtaining available assistance, including those offered by police forces. Unfortunately, stigma is often perpetuated by mythology about the crime, its offenders, its victims, and overarching gender norms. Since IPV cases are managed under the auspices of the criminal justice system, the manner in which the system itself perpetuates IPV myths is worthy of attention. Prior literature suggests that police officers may be vulnerable to this mythology in their decision-making and reporting of IPV calls. This is troubling for IPV victims and offenders alike, since police reports follow them through the criminal justice system and associated IPV intervention programs. A report heavily influenced by IPV mythology is unlikely to serve IPV offenders or victims particularly well. Guided by four popular IPV myths identified in Eigenberg et al.'s (2012) study, the purpose of the present qualitative study of IPV in police reports (N = 58) is to explore the influence of IPV mythology on police officers' decision-making and intervention. One overarching theme emerged after the analysis: undetected coercive control evident in the cases. Implications on improvement in police training are suggested.